• United States Code
  • TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    • CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
      • SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

• (a) Identification and designation of areas having substantial
  water quality control problems
  For the purpose of encouraging and facilitating the development and implementation of areawide waste treatment management plans -
  • (1) The Administrator, within ninety days after October 18,
    1972, and after consultation with appropriate Federal, State, and
    local authorities, shall by regulation publish guidelines for the
    identification of those areas which, as a result of
    urban-industrial concentrations or other factors, have
    substantial water quality control problems.
  • (2) The Governor of each State, within sixty days after
    publication of the guidelines issued pursuant to paragraph (1) of
    this subsection, shall identify each area within the State which,
    as a result of urban-industrial concentrations or other factors,
    has substantial water quality control problems. Not later than
    one hundred and twenty days following such identification and
    after consultation with appropriate elected and other officials
    of local governments having jurisdiction in such areas, the
    Governor shall designate (A) the boundaries of each such area,
    and (B) a single representative organization, including elected
    officials from local governments or their designees, capable of
    developing effective areawide waste treatment management plans
    for such area. The Governor may in the same manner at any later
    time identify any additional area (or modify an existing area)
    for which he determines areawide waste treatment management to be
    appropriate, designate the boundaries of such area, and designate
    an organization capable of developing effective areawide waste
    treatment management plans for such area.
  • (3) With respect to any area which, pursuant to the guidelines
    published under paragraph (1) of this subsection, is located in
    two or more States, the Governors of the respective States shall
    consult and cooperate in carrying out the provisions of paragraph
    (2), with a view toward designating the boundaries of the
    interstate area having common water quality control problems and
    for which areawide waste treatment management plans would be most
    effective, and toward designating, within one hundred and eighty
    days after publication of guidelines issued pursuant to paragraph
    (1) of this subsection, of a single representative organization
    capable of developing effective areawide waste treatment
    management plans for such area.
  • (4) If a Governor does not act, either by designating or
    determining not to make a designation under paragraph (2) of this
    subsection, within the time required by such paragraph, or if, in
    the case of an interstate area, the Governors of the States
    involved do not designate a planning organization within the time
    required by paragraph (3) of this subsection, the chief elected
    officials of local governments within an area may by agreement
    designate (A) the boundaries for such an area, and (B) a single
    representative organization including elected officials from such
    local governments, or their designees, capable of developing an
    areawide waste treatment management plan for such area.
  • (5) Existing regional agencies may be designated under
    paragraphs (2), (3), and (4) of this subsection.
  • (6) The State shall act as a planning agency for all portions
    of such State which are not designated under paragraphs (2), (3),
    or (4) of this subsection.
  • (7) Designations under this subsection shall be subject to the
    approval of the Administrator.

• (b) Planning process

• (1)
  • (A) Not later than one year after the date of designation of any organization under subsection (a) of this section such organization shall have in operation a continuing areawide waste treatment management planning process consistent with section 1281 of this title. Plans prepared in accordance with this process shall contain alternatives for waste treatment management, and be applicable to all wastes generated within the area involved. The initial plan prepared in accordance with such process shall be certified by the Governor and submitted to the Administrator not later than two years after the planning process is in operation.
  • (B) For any agency designated after 1975 under subsection (a) of this section and for all portions of a State for which the State is required to act as the planning agency in accordance with subsection (a)(6) of this section, the initial plan prepared in accordance with such process shall be certified by the Governor and submitted to the Administrator not later than three years after the receipt of the initial grant award authorized under subsection (f) of this section.

• (2) Any plan prepared under such process shall include, but not be limited to -
  • (A) the identification of treatment works necessary to meet the
    anticipated municipal and industrial waste treatment needs of the
    area over a twenty-year period, annually updated (including an
    analysis of alternative waste treatment systems), including any
    requirements for the acquisition of land for treatment purposes;
    the necessary waste water collection and urban storm water runoff
    systems; and a program to provide the necessary financial
    arrangements for the development of such treatment works, and an
    identification of open space and recreation opportunities that
    can be expected to result from improved water quality, including
    consideration of potential use of lands associated with treatment
    works and increased access to water-based recreation;
  • (B) the establishment of construction priorities for such
    treatment works and time schedules for the initiation and
    completion of all treatment works;
  • (C) the establishment of a regulatory program to -
    • (i) implement the waste treatment management requirements of
      section 1281(c) of this title,
    • (ii) regulate the location, modification, and construction of
      any facilities within such area which may result in any
      discharge in such area, and
    • (iii) assure that any industrial or commercial wastes
      discharged into any treatment works in such area meet
      applicable pretreatment requirements;
  • (D) the identification of those agencies necessary to
    construct, operate, and maintain all facilities required by the
    plan and otherwise to carry out the plan;
  • (E) the identification of the measures necessary to carry out
    the plan (including financing), the period of time necessary to
    carry out the plan, the costs of carrying out the plan within
    such time, and the economic, social, and environmental impact of
    carrying out the plan within such time;
  • (F) a process to (i) identify, if appropriate, agriculturally
    and silviculturally related nonpoint sources of pollution,
    including return flows from irrigated agriculture, and their
    cumulative effects, runoff from manure disposal areas, and from
    land used for livestock and crop production, and (ii) set forth
    procedures and methods (including land use requirements) to
    control to the extent feasible such sources;
  • (G) a process to (i) identify, if appropriate, mine-related
    sources of pollution including new, current, and abandoned
    surface and underground mine runoff, and (ii) set forth
    procedures and methods (including land use requirements) to
    control to the extent feasible such sources;
  • (H) a process to (i) identify construction activity related
    sources of pollution, and (ii) set forth procedures and methods
    (including land use requirements) to control to the extent
    feasible such sources;
  • (I) a process to (i) identify, if appropriate, salt water
    intrusion into rivers, lakes, and estuaries resulting from
    reduction of fresh water flow from any cause, including
    irrigation, obstruction, ground water extraction, and diversion,
    and (ii) set forth procedures and methods to control such
    intrusion to the extent feasible where such procedures and
    methods are otherwise a part of the waste treatment management
    plan;
  • (J) a process to control the disposition of all residual waste
    generated in such area which could affect water quality; and
  • (K) a process to control the disposal of pollutants on land or
    in subsurface excavations within such area to protect ground and
    surface water quality.

• (3) Areawide waste treatment management plans shall be certified annually by the Governor or his designee (or Governors or their designees, where more than one State is involved) as being consistent with applicable basin plans and such areawide waste treatment management plans shall be submitted to the Administrator for his approval.

• (4)
  • (A) Whenever the Governor of any State determines (and notifies the Administrator) that consistency with a statewide regulatory program under section 1313 of this title so requires, the requirements of clauses (F) through (K) of paragraph (2) of this subsection shall be developed and submitted by the Governor to the Administrator for approval for application to a class or category of activity throughout such State.
  • (B) Any program submitted under subparagraph (A) of this paragraph which, in whole or in part, is to control the discharge or other placement of dredged or fill material into the navigable waters shall include the following:
    • (i) A consultation process which includes the State agency with
      primary jurisdiction over fish and wildlife resources.
    • (ii) A process to identify and manage the discharge or other
      placement of dredged or fill material which adversely affects
      navigable waters, which shall complement and be coordinated with
      a State program under section 1344 of this title conducted
      pursuant to this chapter.
    • (iii) A process to assure that any activity conducted pursuant
      to a best management practice will comply with the guidelines
      established under section 1344(b)(1) of this title, and sections
      1317 and 1343 of this title.
    • (iv) A process to assure that any activity conducted pursuant
      to a best management practice can be terminated or modified for
      cause including, but not limited to, the following:
  • (I) violation of any condition of the best management
    practice;
  • (II) change in any activity that requires either a temporary
    or permanent reduction or elimination of the discharge pursuant
    to the best management practice.
    • (v) A process to assure continued coordination with Federal and
      Federal-State water-related planning and reviewing processes,
      including the National Wetlands Inventory.
  • (C) If the Governor of a State obtains approval from the Administrator of a statewide regulatory program which meets the requirements of subparagraph (B) of this paragraph and if such State is administering a permit program under section 1344 of this title, no person shall be required to obtain an individual permit pursuant to such section, or to comply with a general permit issued pursuant to such section, with respect to any appropriate activity within such State for which a best management practice has been approved by the Administrator under the program approved by the Administrator pursuant to this paragraph.
  • (D)
    • (i) Whenever the Administrator determines after public hearing that a State is not administering a program approved under this section in accordance with the requirements of this section, the Administrator shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal.
    • (ii) In the case of a State with a program submitted and approved under this paragraph, the Administrator shall withdraw approval of such program under this subparagraph only for a substantial failure of the State to administer its program in accordance with the requirements of this paragraph.

• (c) Regional operating agencies
  • (1) The Governor of each State, in consultation with the planning agency designated under subsection (a) of this section, at the time a plan is submitted to the Administrator, shall designate one or more waste treatment management agencies (which may be an existing or newly created local, regional, or State agency or political subdivision) for each area designated under subsection (a) of this section and submit such designations to the Administrator.
  • (2) The Administrator shall accept any such designation, unless, within 120 days of such designation, he finds that the designated management agency (or agencies) does not have adequate authority -
    • (A) to carry out appropriate portions of an areawide waste
      treatment management plan developed under subsection (b) of this
      section;
    • (B) to manage effectively waste treatment works and related
      facilities serving such area in conformance with any plan
      required by subsection (b) of this section;
    • (C) directly or by contract, to design and construct new works,
      and to operate and maintain new and existing works as required by
      any plan developed pursuant to subsection (b) of this section;
    • (D) to accept and utilize grants, or other funds from any
      source, for waste treatment management purposes;
    • (E) to raise revenues, including the assessment of waste
      treatment charges;
    • (F) to incur short- and long-term indebtedness;
    • (G) to assure in implementation of an areawide waste treatment
      management plan that each participating community pays its
      proportionate share of treatment costs;
    • (H) to refuse to receive any wastes from any municipality or
      subdivision thereof, which does not comply with any provisions of
      an approved plan under this section applicable to such area; and
    • (I) to accept for treatment industrial wastes.

• (d) Conformity of works with area plan
  After a waste treatment management agency having the authority required by subsection (c) of this section has been designated under such subsection for an area and a plan for such area has been approved under subsection (b) of this section, the Administrator shall not make any grant for construction of a publicly owned treatment works under section 1281(g)(1) of this title within such area except to such designated agency and for works in conformity with such plan.

• (e) Permits not to conflict with approved plans
  No permit under section 1342 of this title shall be issued for any point source which is in conflict with a plan approved pursuant to subsection (b) of this section.

• (f) Grants
  • (1) The Administrator shall make grants to any agency designated under subsection (a) of this section for payment of the reasonable costs of developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section.
  • (2) For the two-year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each succeeding one-year period. In the case of any other grant made to an agency under such paragraph (1) of this subsection, the amount of such grant shall not exceed 75 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process in any year.
  • (3) Each applicant for a grant under this subsection shall submit to the Administrator for his approval each proposal for which a grant is applied for under this subsection. The Administrator shall act upon such proposal as soon as practicable after it has been submitted, and his approval of that proposal shall be deemed a contractual obligation of the United States for the payment of its contribution to such proposal, subject to such amounts as are provided in appropriation Acts. There is authorized to be appropriated to carry out this subsection not to exceed $50,000,000 for the fiscal year ending June 30, 1973, not to exceed $100,000,000 for the fiscal year ending June 30, 1974, not to exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 1975, September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, not to exceed $100,000,000 per fiscal year for the fiscal years ending September 30, 1981, and September 30, 1982, and such sums as may be necessary for fiscal years 1983 through 1990.

• (g) Technical assistance by Administrator
  The Administrator is authorized, upon request of the Governor or the designated planning agency, and without reimbursement, to consult with, and provide technical assistance to, any agency designated under subsection (a) of this section in the development of areawide waste treatment management plans under subsection (b) of this section.

• (h) Technical assistance by Secretary of the Army
  • (1) The Secretary of the Army, acting through the Chief of Engineers, in cooperation with the Administrator is authorized and directed, upon request of the Governor or the designated planning organization, to consult with, and provide technical assistance to, any agency designed ^[1] under subsection (a) of this section in developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section.
  • (2) There is authorized to be appropriated to the Secretary of the Army, to carry out this subsection, not to exceed $50,000,000 per fiscal year for the fiscal years ending June 30, 1973, and June 30, 1974.

• (i) State best management practices program
  • (1) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall, upon request of the Governor of a State, and without reimbursement, provide technical assistance to such State in developing a statewide program for submission to the Administrator under subsection (b)(4)(B) of this section and in implementing such program after its approval.
  • (2) There is authorized to be appropriated to the Secretary of the Interior $6,000,000 to complete the National Wetlands Inventory of the United States, by December 31, 1981, and to provide information from such Inventory to States as it becomes available to assist such States in the development and operation of programs under this chapter.
    • (j) Agricultural cost sharing
  • (1) The Secretary of Agriculture, with the concurrence of the Administrator, and acting through the Soil Conservation Service and such other agencies of the Department of Agriculture as the Secretary may designate, is authorized and directed to establish and administer a program to enter into contracts, subject to such amounts as are provided in advance by appropriation acts, of not less than five years nor more than ten years with owners and operators having control of rural land for the purpose of installing and maintaining measures incorporating best management practices to control nonpoint source pollution for improved water quality in those States or areas for which the Administrator has approved a plan under subsection (b) of this section where the practices to which the contracts apply are certified by the management agency designated under subsection (c)(1) of this section to be consistent with such plans and will result in improved water quality. Such contracts may be entered into during the period ending not later than September 31, 1988. Under such contracts the land owner or operator shall agree -

• (i) to effectuate a plan approved by a soil conservation
  district, where one exists, under this section for his farm,
  ranch, or other land substantially in accordance with the
  schedule outlined therein unless any requirement thereof is
  waived or modified by the Secretary;

• (ii) to forfeit all rights to further payments or grants under
  the contract and refund to the United States all payments and
  grants received thereunder, with interest, upon his violation of
  the contract at any stage during the time he has control of the
  land if the Secretary, after considering the recommendations of
  the soil conservation district, where one exists, and the
  Administrator, determines that such violation is of such a nature
  as to warrant termination of the contract, or to make refunds or
  accept such payment adjustments as the Secretary may deem
  appropriate if he determines that the violation by the owner or
  operator does not warrant termination of the contract;

• (iii) upon transfer of his right and interest in the farm,
  ranch, or other land during the contract period to forfeit all
  rights to further payments or grants under the contract and
  refund to the United States all payments or grants received
  thereunder, with interest, unless the transferee of any such land
  agrees with the Secretary to assume all obligations of the
  contract;

• (iv) not to adopt any practice specified by the Secretary on
  the advice of the Administrator in the contract as a practice
  which would tend to defeat the purposes of the contract;

• (v) to such additional provisions as the Secretary determines
  are desirable and includes in the contract to effectuate the
  purposes of the program or to facilitate the practical
  administration of the program.
  • (2) In return for such agreement by the landowner or operator the Secretary shall agree to provide technical assistance and share the cost of carrying out those conservation practices and measures set forth in the contract for which he determines that cost sharing is appropriate and in the public interest and which are approved for cost sharing by the agency designated to implement the plan developed under subsection (b) of this section. The portion of such cost (including labor) to be shared shall be that part which the Secretary determines is necessary and appropriate to effectuate the installation of the water quality management practices and measures under the contract, but not to exceed 50 per centum of the total cost of the measures set forth in the contract; except the Secretary may increase the matching cost share where he determines that (1) the main benefits to be derived from the measures are related to improving offsite water quality, and (2) the matching share requirement would place a burden on the landowner which would probably prevent him from participating in the program.
  • (3) The Secretary may terminate any contract with a landowner or operator by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of contracts previously entered into as he may determine to be desirable to carry out the purposes of the program or facilitate the practical administration thereof or to accomplish equitable treatment with respect to other conservation, land use, or water quality programs.
  • (4) In providing assistance under this subsection the Secretary will give priority to those areas and sources that have the most significant effect upon water quality. Additional investigations or plans may be made, where necessary, to supplement approved water quality management plans, in order to determine priorities.
  • (5) The Secretary shall, where practicable, enter into agreements with soil conservation districts, State soil and water conservation agencies, or State water quality agencies to administer all or part of the program established in this subsection under regulations developed by the Secretary. Such agreements shall provide for the submission of such reports as the Secretary deems necessary, and for payment by the United States of such portion of the costs incurred in the administration of the program as the Secretary may deem appropriate.
  • (6) The contracts under this subsection shall be entered into only in areas where the management agency designated under subsection (c)(1) of this section assures an adequate level of participation by owners and operators having control of rural land in such areas. Within such areas the local soil conservation district, where one exists, together with the Secretary of Agriculture, will determine the priority of assistance among individual land owners and operators to assure that the most critical water quality problems are addressed.
  • (7) The Secretary, in consultation with the Administrator and subject to section 1314(k) of this title, shall, not later than September 30, 1978, promulgate regulations for carrying out this subsection and for support and cooperation with other Federal and non-Federal agencies for implementation of this subsection.
  • (8) This program shall not be used to authorize or finance projects that would otherwise be eligible for assistance under the terms of Public Law 83-566 (16 U.S.C. 1001 et seq.).
  • (9) There are hereby authorized to be appropriated to the Secretary of Agriculture $200,000,000 for fiscal year 1979, $400,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981, $100,000,000 for fiscal year 1982, and such sums as may be necessary for fiscal years 1983 through 1990, to carry out this subsection. The program authorized under this subsection shall be in addition to, and not in substitution of, other programs in such area authorized by this or any other public law.

Footnotes